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Michigan Law Review

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Articles 301 - 330 of 846

Full-Text Articles in Contracts

Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed. Feb 1948

Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed.

Michigan Law Review

Plaintiff and defendant exchanged several letters concerning six contiguous lots which defendant owned. In one letter plaintiff made an offer to purchase the lots which was declined by defendant. Plaintiff then requested defendant to name her price. She replied that they were worth at least $12,000 but made no offer to sell. Subsequently they orally contracted for sale of the lots for $11,000. As a down payment plaintiff gave defendant a $500 check which contained a notation that it was "to be applied on purchase of property on E. Central Ave., Albuquerque, N. M. . . ." Defendant indorsed and …


Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed. Jan 1948

Labor Law-Torts-Liability Of Labor Union For Inducing Breach Of Contract, Ira M. Price, Ii S.Ed.

Michigan Law Review

During the past fifteen years the law as a whole has moved rapidly in the direction of favoring union activity. A labor policy expressed in numerous federal and state laws and important judicial decisions has generally recognized and protected in the courts the workers' right to be free from employer interference, to strike, to engage in peaceful picketing, and to conduct primary boycotts. Within this liberalizing judicial concept of the rights of labor, the present status of the action against labor unions for inducing breach of contract presents an interesting study of the tenacity of an early common law theory …


Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed. Jan 1948

Quasi-Contract-Impossibility Of Performance-Restitution Of Money Paid Or Benefits Conferred Where Further Performance Has Been Excused, J. R. Swenson S.Ed.

Michigan Law Review

In a recent Oklahoma case, City of Barnsdall v. Curnutt, an attorney was retained by a city to prosecute a damage claim arising out of the pollution of a stream. The attorney was to receive a 40 per cent contingency fee. The defendant in the action made an offer in compromise of $25,000 which was rejected by the city on advice of the attorney. Before the action was brought to trial the attorney died. The counsel substituted by the city obtained a settlement in which the city received $35,000, out of which a fee of $ 10,500 was paid …


Contracts--Effect Of Stipulation For Re-Negotiation Upon Stated Contingency--Impossibility Of Performance, John F. Buchman, Iii Jan 1948

Contracts--Effect Of Stipulation For Re-Negotiation Upon Stated Contingency--Impossibility Of Performance, John F. Buchman, Iii

Michigan Law Review

Plaintiff, popular star of "western" motion pictures, was under contract to defendant, extended by successive options through March 6, 1944, to act in eight pictures per year, at a graduated salary which would become $14,000 per picture during the last year of the contract. In May, 1942, a further contract was made, by which defendant secured an option on plaintiff's services for another year, which option it duly exercised. This later contract provided that if plaintiff went into military service, the parties would "agree upon their mutual rights and obligations" under the two contracts in view of that fact. This …


Contracts--Lmpracticability Of Performance As An Excuse For Breach Of Contract, Ira M. Price, Ii S.Ed. Dec 1947

Contracts--Lmpracticability Of Performance As An Excuse For Breach Of Contract, Ira M. Price, Ii S.Ed.

Michigan Law Review

ln a recent federal case, plaintiff construction company contracted to enlarge a dam for defendants, which would involve, according to the original estimates, the excavation of 30,000 cubic yards of earth. During the performance of the contract, defendants ordered further excavation in order to reach a firm foundation so that ultimately a total of 84,000 cubic yards were removed. It was defendant's claim that the plaintiff was obliged to perform this additional work to fulfill its contract. Plaintiff sued in quantum meruit for the value of labor and materials for the entire project; defendants stood upon the contract, contending that …


Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed. Dec 1947

Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.

Michigan Law Review

In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …


Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed. Dec 1947

Contracts-Bills And Notes-Precedent Debt As Consideration In The Law Of Contracts And Negotiable Instruments, Shubrick T. Kothe S.Ed.

Michigan Law Review

Today, there is little left of the sixteenth century rule that a precedent debt is consideration sufficient to ground an action of assumpsit. Modern cases, such as those where a debt is barred by the Statute of Limitations or discharged in bankruptcy, where it is historically applicable, generally do not rest upon that theory. As a practical matter, it makes little difference. These cases achieve a just result, and have been confined to standard fact situations. The doctrine seems clearly at variance with the rule that consideration cannot be past, and serves no useful purpose today. Cases where this problem …


Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed. Nov 1947

Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.

Michigan Law Review

The payee of a negotiable note indorsed to X, who later indorsed back to the payee, who before maturity indorsed to a holder in due course. All indorsements were special. On default, the holder brought suit to enforce the secondary liability of the payee and X, the intermediate indorser. Both defendants appealed from a judgment for the holder. Held, reversed as to X. The reacquisition of a note by a payee terminates the contractual liability of an intermediate indorser as to a holder subsequent to the payee. Denniston's Admr. v. Jackson, 304 Ky. 261, 200 …


Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed. Nov 1947

Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.

Michigan Law Review

In 1901, pursuant to an agreement for care and support, A conveyed land to his wife. After his wife's death in 1924, A supported himself for twelve years until he suffered a paralytic stroke, after which his son Adolph supported him and furnished constant care. The other children, including Charles, refused to aid Adolph financially or otherwise. After A's death, Charles petitioned in equity for a decree declaring the lien of his father on the land terminated by death. Adolph opposed, claiming a lien on the land for the value of support and care rendered to A. The …


Contracts-Proposals For Legislation Abrogating The Requirement Of Consideration In Whole Or In Part, Charles B. Blackmar S.Ed. Nov 1947

Contracts-Proposals For Legislation Abrogating The Requirement Of Consideration In Whole Or In Part, Charles B. Blackmar S.Ed.

Michigan Law Review

Consideration is the test evolved by our law for separating enforceable informal promises from those that are unenforceable. The doctrine of consideration has frequently been criticized, but it is so firmly established that most of the recent proposals for change have been addressed to the legislatures. The purpose of this discussion is to consider proposed legislation both as to its possible operation and as to the future effect of the proposals on the basic doctrine of consideration.


Recent Developments In Restitution: 1940-1947, Edward S. Thurston Jun 1947

Recent Developments In Restitution: 1940-1947, Edward S. Thurston

Michigan Law Review

For some lawyers, perhaps, the term "Restitution," as a title in the classification of our law, sprang Athena-like from the head of the American Law Institute, when, in 1937, it published The Restatement of the Law of Restitution. Yet the subject matter included under this title is far from new; it is simply a grouping together of the common law Quasi Contract--the "contract implied in law" of an earlier day--and the corresponding right to equitable relief to prevent an unjust enrichment. Although the name may be unfamiliar its importance is indicated by the following statement by Lord Wright.


Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed. Jun 1947

Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.

Michigan Law Review

Previous to the enactment of the Fair Labor Standards Act, respondent had paid its employees monthly salaries for work schedules which fluctuated from week to week according to the demands of business. After the effective date of the act, respondent sought to comply with section 7 (a), requiring the payment of one. and one half times the "regular rate" of compensation for hours worked above the statutory maximum, by adopting new employment contracts which guaranteed weekly salaries equivalent to the former compensation and fixed an hourly rate which, multiplied by the maximum hours permitted by the act and by one …


Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed. Mar 1947

Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.

Michigan Law Review

The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.


Bailment-Unknown Chattels Contained In Object Bailed, B. E. Heath Mar 1947

Bailment-Unknown Chattels Contained In Object Bailed, B. E. Heath

Michigan Law Review

Plaintiff's automobile was stolen from defendant's parking lot. Plaintiff had previously disclosed to defendant's agent that certain things were in the car, but had failed to mention other items also present. In an action to recover the value of all the items, held, recovery allowed only for those things that defendant knew were in the automobile, he being a bailee of those things only. Palotto v. Hanna Parking Garage Co., (Ohio 1946) 68 N.E. (2d) 170.


Contracts-Tender-Check As Tender, George A. Rinker Mar 1947

Contracts-Tender-Check As Tender, George A. Rinker

Michigan Law Review

Plaintiff had paid $300 as down payment on a restaurant under contract of purchase from defendant. On the day specified in the contract for payment of the balance, plaintiff tendered to defendant a check drawn on the local bank and bearing the notation "OK G. R. P ." Defendant refused the check, saying he did not have to accept a check in payment, and that he did not know what the notation meant, even though plaintiff had told him it was placed there by the president of the local: bank, and meant that the check was good. Plaintiff recovered damages …


De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon Mar 1947

De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon

Michigan Law Review

An age-old maxim often applied but infrequently rationalized is that of de minimus non curat lex. In the recent case of Steve Anderson v. Mt. Clemens Pottery Company, the United States Supreme Court focused attention upon the doctrine by ruling that it should be applied in determining whether "walking time" and other "preliminary activities" constitute "work" for which employees are entitled to compensation under the Fair Labor Standards Act of 1938. The so-called "portal-to-portal" problems which have arisen as a result of the last mentioned ruling make timely a discussion of the origin, meaning, function and application of …


Economic Duress -- An Essay In Perspective, John P. Dawson Jan 1947

Economic Duress -- An Essay In Perspective, John P. Dawson

Michigan Law Review

The boundaries of common law duress have been gradually expanding for more than a century. The processes of expansion are themselves of interest, as illustrating methods of growth in a system of case law. More important is the goal toward which this movement aims. For it is through duress and related ideas that private law has dealt most directly with problems raised by inequality in bargaining power. Particularly in the field now known as economic duress, courts have been compelled to take a stand on that central issue of modern politics, the control of economic power. Both the growth in …


Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed. Jan 1947

Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.

Michigan Law Review

Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.


Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston Dec 1946

Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston

Michigan Law Review

Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …


Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed. Nov 1946

Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.

Michigan Law Review

Plaintiff, beneficiary of an insurance policy (but not the personal representative of the deceased insured), sued to recover the amount of the policy from the insurance company. As a defense the defendant claimed that the policy never became effective because the insured had made material misrepresentations in the application as to his state of health. To show that there had been such misrepresentations, the defendant proved that the insured had been treated by physicians during the five years preceding the issuance of the policy. Upon objectionμ by plaintiff the court excluded the testimony of the doctors as to the nature …


Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema Nov 1946

Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema

Michigan Law Review

On February 7, 1944, an enlisted soldier in the Army of the United States was injured in a traffic accident in Los Angeles, California, through the negligence of an agent of appellant; he was incapacitated for duty for a period of twenty-nine days. The United States paid his hospital expenses, and also his salary during this period, amounting to a total of $192.56. In March, 1944, the soldier, in return for three hundred dollars, executed a release to appellant "from any and all claims and demands" on account of the accident. The United States sued in the Federal District Court …


Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs Nov 1946

Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs

Michigan Law Review

Insured's mother, who was the original beneficiary of a life policy, paid all the premiums before and subsequent to the time when insured's wife was substituted as beneficiary. The mother was interpleaded in the wife's suit on the policy. Held, in the absence of a collateral agreement creating a4ditional rights in the mother, the payments were gratuitous and created no vested interest in the mother in the proceeds of the policy, where the right to change the beneficiary was reserved; and that the wife was entitled to the proceeds on the insured's death. McCloud v. Aetna Life Ins. Co. …


Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff Nov 1946

Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff

Michigan Law Review

In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.


Contracts-Release-Misrepresentation By Releasor's Attorney- Avoidance By Releasor For Unilateral Mistake As To Contents, Neil Mckay S.Ed. Jun 1946

Contracts-Release-Misrepresentation By Releasor's Attorney- Avoidance By Releasor For Unilateral Mistake As To Contents, Neil Mckay S.Ed.

Michigan Law Review

Under the objective theory of mutual assent, which bases the imposition of contractual obligations on the expressed intent of the parties, rather than on a subjective meeting of their minds, the law has generally granted relief to the signer of a contract who is under a misapprehension as to its contents only where he can show that the mistake was made without negligence on his part. The theory of affording relief in such a case apparently is that the instrument does not really represent the expression of the signer's intent, and the contract is, therefore, void at its inception. In …


Constitutional Law-War Contract Renegotiation Act-Injunction Proceeding-Unauthorized Suit Against The United States, Rosemary Scott Apr 1946

Constitutional Law-War Contract Renegotiation Act-Injunction Proceeding-Unauthorized Suit Against The United States, Rosemary Scott

Michigan Law Review

A holder of war contracts with the federal government brought suit in the District Court for the District of Columbia to enjoin the Secretary of the Navy from withholding payments due under one contract to offset alleged excess profits received on others on the ground that the statute was unconstitutional, and to obtain a declaratory judgment with respect to his right to the disputed funds. The district court dismissed the bill. Held, since the essential allegations and the relief sought did not make it a case of threatened trespass against property but in effect constituted a suit designed to …


Contracts-Statute Of Frauds-Option To Cancel In Contract Of Employment For More Than One Year As Fulfillment Of Statutory Requirement, Cornelia Groefsema Feb 1946

Contracts-Statute Of Frauds-Option To Cancel In Contract Of Employment For More Than One Year As Fulfillment Of Statutory Requirement, Cornelia Groefsema

Michigan Law Review

Plaintiff, Hedda Hopper, sued on an oral agreement for her appearance on a weekly radio broadcast, to be sponsored by Andrew Jergen's Company. The contract was for five years, divided into ten twenty-six week periods. Defendant advertising agency reserved an option to cancel the contract by notifying the plaintiff thereof four weeks prior to the end of any twenty-six week period. Plaintiff was to receive $1,250 per week for the first twenty-six weeks with an increase of $250 per week each odd numbered additional period. Defendant repudiated the contract before any performance and plaintiff asks damages amounting to $495,000. A …


Corporations-Change In The Basis Of Sharing Profits As An Impairment Of The Obligation Of Contracts, Robert E. Walsh S.Ed. Feb 1946

Corporations-Change In The Basis Of Sharing Profits As An Impairment Of The Obligation Of Contracts, Robert E. Walsh S.Ed.

Michigan Law Review

Plaintiff, a stockholder in defendant corporation, sought to enjoin distribution of dividends on a patronage basis. Defendant corporation was organized under the laws of Nebraska for the purpose of buying and selling grain, hay, and other agricultural products with a general reservation in the charter of the right to change, alter, and amend. The articles of incorporation were amended so as to convert the corporation into a co-operative organization distributing profits on the basis of the amount of business done with the corporation. Held, a general reservation of power to amend the articles did not confer on the corporation …


Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday Oct 1945

Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday

Michigan Law Review

The insured and a revocably designated beneficiary jointly assigned a life insurance policy as collateral security for a prior indebtedness of the insured. Another policy and first deed of trust notes were also assigned as collateral by the insured. Upon the death of the insured, who obtained the policy and paid all premiums, the bank applied a proportionate amount of the proceeds from this policy to the debt and paid the remaining sum to the beneficiary. Executors of the estate of the insured seek to recover the sum paid by the bank to the beneficiary, while executors of the beneficiary …


Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec Oct 1945

Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec

Michigan Law Review

Plaintiff sued for disability benefits under a life insurance policy providing that it should be incontestable from its date and that insured's statements, in the absence of fraud, should be deemed representations and would not avoid the policy unless contained in a written application, a copy of which was attached to the policy when issued. Defendant sought to rescind the contract on the ground that a reinstatement granted some eighteen months before had been induced by fraudulent statements. Held, the reinstatement may be contested only within the time after reinstatement fixed for contesting the policy, and that fraud is …


Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin Oct 1945

Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin

Michigan Law Review

Here must be the key to Johnson's constitutional jurisprudence, which time, and the effect of the repression of Marshall's domination has obscured. The dynamic pattern of his thought is, however, unmistakable when analyzed without the burden of prepossession. There can be little meaning to what Johnson said in Ogden v. Saunders unless conceived in relation to Johnson's whole approach to man and society and his repeated insistence upon "that communication of thought and experiment without which nothing human can advance in improvement." Otherwise, we are unable to reconcile his repeated dwelling upon the literal meaning of words and their "technical …